Where practical difficulties exist rendering compliance with the provisions of Title 14 impractical, and such compliance would create unnecessary hardships to the owner or user of land or buildings, the Town of Woodway Hearing Examiner may grant a variance in harmony with the general purpose and intent of the zoning or building ordinance by varying the application of rules, regulations or provisions of such ordinance relating to the use of land or structures and any construction, structural or equipment changes, to the extent expressly provided thereby, so long as the spirit and benefits of the ordinance will be preserved, public safety served and substantial justice done, consistent with the procedural requirements of WMC Chapter 2.56. The Hearing Examiner shall not vary any of the rules, regulations or provisions of the ordinance unless, upon due and diligent investigation and after public hearing finds that all of the following conditions exist in such case. The applicant for a requested variance shall have the burden of proving that all of the following conditions exist:

A. The variance shall not constitute a grant of special privilege inconsistent with the limitations upon uses of other properties in the vicinity and zone in which the subject property is located; and

B. That such variance is necessary, because of special circumstances relating to the size, shape, topography, location, or surroundings of the subject property, to provide it with use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located; and

C. The requested variance does not go beyond the minimum necessary to afford relief, and does not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is located; and

D. That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is situated; and

E. The literal interpretation and strict application of the applicable provisions or requirements of this Municipal Code would cause undue hardship or practical difficulties; and

F. The requested variance would be consistent with the spirit and purpose of the Municipal Code, Ordinances and or Comprehensive Plan, as applicable. (Ord. 01-412 §1 (Exh. 1 (part)), 2001)